EPA settles lawsuits with environmental groups

SESHADRI KUMAR

Published 7:00 pm, Tuesday, May 15, 2001

As a result of the settlement and the EPA's favorable interpretation of the transportation conformity, there will be no change to any transportation projects, their schedule, or funding, says Jack Steele, executive director of the Houston-Galveston Area Council.

The EPA has removed the requirement of 195 tons per day auto emission level, and the area's attainment level now reverts to the current 283 tons per day. But, the H-GAC has agreed to implement the latest state implementation plan that promises to cap the daily emission level at 156.6 tons by 2007.

H-GAC has agreed to update the metropolitan transportation plan by June 2002, at which time it will conduct a new conformity determination.

"It has been our plan all along to update the transportation plan prior to June 2002 and we have made no commitment that would not have been made otherwise," Steele says.

Steele believes the H-GAC has gained favorable interpretations from the EPA that may assist the region in any future litigations.

"We are reasonably happy with the outcome and are also happy with the role played by our elected officials.

"We are concerned about how the plan unfolds and will be watching it closely," says Perry D'Armond of the Greater Fort Bend Economic Development Council.

The EDC took the lead role in filing a petition to intervene in the lawsuit. Soon, Harris County and the H-GAC followed suit, with other political entities joining the fray.

What made the environmental groups to climb down is now a conjecture, but the EDC's intervention and the direct calls from U.S. Rep. Tom DeLay and other elected officials to the EPA seemed to have made a difference, D'Armond says.

The environmental group did not face any opposition in Atlanta and the people woke up after the court order, but in Fort Bend, the environmentalists faced a brick wall, she says.

Though the lawsuit is settled, it is not prudent to say all is over. The environmental groups have reserved their rights to sue again, D'Armond says. The groups have already served notice of intent to sue on the 283 ton per day emission level and that lawsuit can be revived anytime they choose.

Under the current settlement, the EPA will have to pay the attorney fees to the environmental groups. The amount is not yet known.

The EDC will have to pay for some expenses it incurred so far on the intervention. The environmental defense fund will be kept for a while to see if any further litigations arise. If not, the EDC may decide to refund the unspent money proportionately to entities that contributed to the fund.